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2002 Supreme(Bom) 340

A.P.SHAH, V.K.TAHILRAMANI
R. K. Singh – Appellant
Versus
Union of India & others – Respondent


JUDGMENT - A.P. SHAH, J.:---Rule. Respondents waive service. By consent rule is made returnable forthwith.

2. The petitioner is a sailor in the Indian Navy holding the rank of Engine Room Apprentice III (E.R.A. III). The petitioner was enrolled in the Indian Navy as an Artificer Apprentice from 6-1-1990. He was engaged for a period of 20 years. The petitioner alongwith other three applicants filed a writ petition in the Delhi High Court being Civil Writ Petition No. 6470 of 1999 inter alia challenging the provisions of section 11(2) of the Navy Act, 1957 and Regulation No. 269(1-A) of the Navy Service Regulations, 1965 as being unconstitutional on the ground that they violate Article 14 of the Constitution of India. The contention of the petitioner in the said writ petition was that the petitioner was discriminated against by being compelled to engage for a period of 20 years instead of 15 years like the other sailors. The said writ petition was dismissed by the Delhi High Court on 15-2-2000 holding that the period of 20 years was being applied to all categories of sailors in pursuance of the provisions of Navy Act and the Navy Service Regulations and consequently, the petitioner c













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